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South Africa decisions
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Centpret Properties (Pty) Ltd v Shandukane (2022/007750) [2023] ZAGPJHC 1102 (20 March 2023)
The High Court granted eviction and arrears against a tenant who breached a lease, rejected notice and tacit-lease defences, and ordered costs.
Reclamation Group (Pty) Ltd v Rustenburg Chemicals (Pty) Ltd (31693/19) [2020] ZAGPJHC 127 (24 March 2020)
The court found that the sub-lease agreement commenced on 22 April 2016 and terminated on 21 April 2019. The respondent failed to exercise the renewal option in writing at least three months prior to termination, as required by the agreement. The only correspondence potentially constituting notice was the email of 15 October 2018, which did not unequivocally exercise the option but rather proposed a new lease with different terms. No new lease agreement was concluded after 31 July 2019 due to lack of consensus. The respondent's continued occupation after expiry of the sub-lease created a taci…
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Dawid Kruiper Municipality v Oranje Watersport CC (2231/2018) [2019] ZANCHC 54 (20 September 2019)
The court found that the applicant, as registered owner, is entitled to evict the respondent following the expiry of the lease agreement. None of the points in limine raised by the respondent were sustainable: the arbitration clause did not apply as the dispute did not arise from the lease agreement; the applicant's ownership was established by public record and Deeds Office search; the authority of the deponent was sufficiently demonstrated by council resolution and written delegation; and the purchaser did not have a direct and substantial interest requiring joinder. On the merits, the resp…
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Arcelormittal South Africa Limited v Norman and Gary Abkin Dunswart (Pty) Ltd (25729/2018) [2019] ZAGPJHC 330 (23 August 2019)
The High Court granted an eviction after finding the respondent occupied the properties under a tacit lease terminated on reasonable notice.
Rohm and Haas SA (Pty) Ltd v 3579 Scnafer Road (Pty) Ltd t/a Pinio Design and Another (8293/2011) [2012] ZAKZDHC 37 (29 June 2012)
The High Court dismissed an exception to particulars of claim, holding that the plaintiff’s claims based on a tacit lease and unjustified enrichment were sufficiently pleaded.
Murray & Roberts Ltd and Others v National Scrap Metal Cape Town (Pty) Ltd and Another (14549/11) [2011] ZAWCHC 421 (9 November 2011)
The High Court granted urgent eviction relief, rejecting an alleged ten-year oral lease as implausible and finding a tacit monthly lease validly terminated on reasonable notice.
Killarney Mall Properties (Pty) Ltd v Mediterranean kitchen CC t/a Anat and Burgers Bar” (33005/2010) [2010] ZAGPJHC 86 (28 September 2010)
High Court eviction matter over whether a commercial lease had been validly renewed and whether the tenant could remain in occupation after cancellation.
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